Michigan Compiled Laws

Mich. Comp. Laws § 600.2041 (2026)

Real party in interest; actions on official or personal bonds; taxpayer's suit.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2041 Real party in interest; actions on official or personal bonds; taxpayer's suit.

Sec. 2041.

Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action was brought, and further

(1) an action upon the bond of any public officer required to give bond to the people of this state may be brought in the name of the person to whom the right thereon accrues; and

(2) an action upon any bond, contract, or undertaking lawfully made with an officer of this state or any governmental unit, including but not limited to a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, public body, or political subdivision, may be brought in the name of the state or any such unit for whose benefit the contract was made; and

(3) an action to prevent the illegal expenditure of state funds or to test the constitutionality of a statute relating thereto may be brought in the name of a domestic nonprofit corporation organized for civic, protective, or improvement purposes, or in the names of at least 5 residents of this state who own property assessed for direct taxation by the county wherein they reside.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions

Cited in 44 cases (8 in the last 5 years), 1969–2026 · leading case: Shavers v. Attorney Gen., 267 N.W.2d 72 (Mich. 1978).

Sort: Relevance Newest Treatment

Shavers v. Attorney Gen., 267 N.W.2d 72 (Mich. 1978). · cites it 6× “2[3]; MCL 600.2041; MSA 27A.2041), and the declaratory judgment rule (GCR 1963, 521.”

Council of Organizations & Others for Ed v. State of Michigan, 931 N.W.2d 65 (Mich. Ct. App. 2018). · cites it 17× “In plaintiffs’ amended complaint, they specifically alleged that they had standing under MCL 600.2041(3), MCR 2.201(B)(4), and Lansing Schs Ed Ass’n v Lansing Bd of Ed, 487 Mich 349 ; 792 NW2d 686 (2010).”

Am. Fam. Ass'n v. Michigan State Univ. Bd. of Trs., 739 N.W.2d 908 (Mich. Ct. App. 2007). · cites it 13× “2 The trial court granted this motion, concluding that to establish standing plaintiff was required, but failed, to show that it had suffered an actual or imminent, concrete and particularized injury as a result of defendant’s benefits policy, which injury likely would be…”

Rohde v. Ann Arbor Pub. Schs., 737 N.W.2d 158 (Mich. 2007). · cites it 6× “201) or the corresponding statute (MCL 600.2041) could constitutionally confer standing to an organization that did not have a concrete interest in the suit and did not suffer an injury in fact.”

Cnty. Road Ass'n of Michigan v. Governor, 782 N.W.2d 784 (Mich. Ct. App. 2010). · cites it 4× “at 51-53, then concluded: Here, as in MEA, plaintiff alleged that, as a Michigan nonprofit corporation organized for civic purposes, it has standing under MCL 600.2041 and MCR 2.201(B) to institute the instant action.”

Michigan Educ. Ass'n v. Superintendent of Pub. Instruction, 724 N.W.2d 478 (Mich. Ct. App. 2006). · cites it 6× “Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin.”

Groves v. Dep't of Corr., 811 N.W.2d 563 (Mich. Ct. App. 2011). · cites it 2× “Plaintiffs next contend that this suit is authorized by MCL 600.2041(3). Under that subsection, “an action to prevent the illegal expenditure of state funds or to test the constitutionality of a statute relating thereto may be brought” in the names of at least five taxpaying…”

Waterford Sch. Dist. v. State Bd. of Educ., 296 N.W.2d 328 (Mich. Ct. App. 1980). · cites it 2× “In the present case, standing is provided both by § 32 and MCL 600.2041; MSA 27A.2041. The amendment has only minimal impact on subject-matter jurisdiction.”

Ypsilanti Fire Marshal v. Kircher, 730 N.W.2d 481 (Mich. Ct. App. 2007). “20 We reject Kircher’s argument that the foreclosure action was not properly commenced because it was filed prematurely. Because the hen was granted to Ypsilanti and the foreclosure action was brought by Barnes, we agree with Kircher that the foreclosure action was not brought…”

First Nat'l Bank v. Dep't of Treasury, 760 N.W.2d 775 (Mich. Ct. App. 2008). · cites it 4× “Further, pursuant to MCL 600.2041, plaintiff, as trustee, is statutorily permitted to file a lawsuit on behalf of BankBoston, its beneficiary.”

Shavers v. Attorney Gen., 237 N.W.2d 325 (Mich. Ct. App. 1975). · cites it 2× “[2] "`Motor vehicle' as used in this chapter means a vehicle, including a trailer, operated or designed for operation upon a public highway by power other than muscular power which has more than 2 wheels." MCLA 500.”

Citizens for Pre-Trial Just. v. Goldfarb, 278 N.W.2d 653 (Mich. Ct. App. 1979). · cites it 2× “2, MCL 600.2041; MSA 27A.2041. Defendants point to Ms.”

Show all 44 citing cases →

— Mich. Comp. Laws § 600.2041(1) — 1 case

First Nat'l Bank v. Dep't of Treasury, 760 N.W.2d 775 (Mich. Ct. App. 2008). “Further, pursuant to MCL 600.2041, plaintiff, as trustee, is statutorily permitted to file a lawsuit on behalf of BankBoston, its beneficiary.”

— Mich. Comp. Laws § 600.2041(3) — 15 cases

Council of Organizations & Others for Ed v. State of Michigan, 931 N.W.2d 65 (Mich. Ct. App. 2018). “In plaintiffs’ amended complaint, they specifically alleged that they had standing under MCL 600.2041(3), MCR 2.201(B)(4), and Lansing Schs Ed Ass’n v Lansing Bd of Ed, 487 Mich 349 ; 792 NW2d 686 (2010).”

Rohde v. Ann Arbor Pub. Schs., 737 N.W.2d 158 (Mich. 2007). “201) or the corresponding statute (MCL 600.2041) could constitutionally confer standing to an organization that did not have a concrete interest in the suit and did not suffer an injury in fact.”

Michigan Educ. Ass'n v. Superintendent of Pub. Instruction, 724 N.W.2d 478 (Mich. Ct. App. 2006). “Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin.”

Groves v. Dep't of Corr., 811 N.W.2d 563 (Mich. Ct. App. 2011). “Plaintiffs next contend that this suit is authorized by MCL 600.2041(3). Under that subsection, “an action to prevent the illegal expenditure of state funds or to test the constitutionality of a statute relating thereto may be brought” in the names of at least five taxpaying…”

Am. Fam. Ass'n v. Michigan State Univ. Bd. of Trs., 739 N.W.2d 908 (Mich. Ct. App. 2007). “2 The trial court granted this motion, concluding that to establish standing plaintiff was required, but failed, to show that it had suffered an actual or imminent, concrete and particularized injury as a result of defendant’s benefits policy, which injury likely would be…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.